108.07 Extension of Time on Work Day Contracts

2012 STANDARD SPECIFICATIONS FOR CONSTRUCTION - SECTION 108

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Extension of Time and Liquidated Damages

Conditions for granting additional time are discussed in subsections 108.08, 108.09 and 108.10 of the Standard Specifications for Construction. It is the responsibility of the Contractor to submit an Extension of Contract Time Request, Form 1100A, Figure 108-2, for additional time beyond that allowed in the contract. The Engineer has seven days from the date the request is received, to make a recommendation, forward the request to the Region Engineer and provide the Contractor a copy of the recommendation.

If the Contractor does not agree with the Engineer’s action and has additional valid information, a meeting at the Region level can be requested. Any additional information must be submitted in writing. If, after the final determination has been made by the Lansing office, the Contractor is still in disagreement, the Contractor may continue to request a meeting as in any other disputed claim.

Figure 108-2 - Form 1100A - Extension of Contract Time

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Liquidated Damages

Extensions of time in which the assessment of liquidated damages is to be determined later should be submitted on Form 1100A. Contractors should be instructed and encouraged to submit these requests in a timely manner according to the standard specifications.

A Contract Modification is necessary to show the disposition of liquidated damage charges. Form 1100A submitted by the Contractor and acted upon by MDOT will be used with the recommendation.

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Revision of Progress Schedule

The Engineer should ensure that the Contractor applies for an extension of time when it is apparent the work will not be completed by the completion date shown in the contract. When the Contractor falls two weeks behind the Critical Path schedule, the Engineer will notify the Contractor, in writing, and request the necessary action to get back on schedule. If after two weeks the work is still falling behind schedule, the Region Engineer will be notified and a meeting arranged with the Contractor to work out a revised schedule. The Critical Path may be updated in the field or by computer, as previously explained under CPM.

When specific opening dates, or workdays required for stage construction or opening to traffic are to be revised, a contract modification will be processed. An approved copy of Form 1100A must accompany the Contract Modification, Form 1100.

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Routing of Form 1100A

The Contractor shall submit to the Engineer one original and four copies of the Extension of Contract Time Request, Form 1100A, properly filled out. The Engineer will enter the date received and add, in the remarks, any comments on the validity of the Contractor's request. These comments must be included on all copies.

The original and three copies are forwarded to the Region Engineer. The Region Engineer will take appropriate action on the extension of time request and determination of liquidated damages and forward a copy to the Construction and Technology Support Area.

Attach the original copy of extension of time for all interstate projects and projects with incentive clauses since these require FHWA approval. The Engineer of construction will forward the original to FHWA for their comments and return the original to the Region Engineer after receipt from the FHWA outlining their action. The Region Engineer will in turn file one copy and return the original and two copies to the Engineer, who will then transmit one complete copy to the Contractor.

When the time comes to submit a contract modification for the extension of time, completed copies of Request for Extension of Contract Time, including all signatures, must be attached to Form 1100. The package is routed through the usual channels, leaving the original approved copy of the request of extension of time in the project files.

If liquidated damages are to be assessed for the full period covered by the request for extension of contract time, the Contract Modification, Form 1100, revising the completion date may accompany Form 1100A. In this case, only an original and one copy of Form 1100A are required.

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Extension of Time for Payment Purposes

This procedure for extending the contract time for purposes of paying estimates only is intended to provide continuity of payment to the Contractor after expiration of the contract time. Under the revised procedures for extension of time, the Engineer will not submit an extension of time Contract Modification during the active life of the project.

The Engineer, during the project, will continue to process all Extension of Time Contract Requests submitted by the Contractor. When processing through the Lansing office is completed, the Engineer will retain them in the file until the project is complete.

When the original contract time is nearly expired, the Engineer will determine how much additional time beyond the original contract time is necessary to complete the project. Upon completion of the project and determination of final quantities, a Contract Modification, will be necessary to authorize the extension of time and for final determination of liquidated damages. All pertinent 1100A’s will be attached to this final Contract Modification. Signing the authorization for extension of time is not necessary for the Contractor.

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Comments on Form 1100A

The comments should contain information relative to progress, quality of work, amount and condition of equipment, difficulties encountered and methods used in correction, probable starting and completion dates of surfacing and other major items of work. Contractor compliance, departmental regulations, progress of work performed by utility companies, status and condition of temporary routes, work suspended and work resumed dates and any other information considered of value as a permanent record should be recorded. Also, list Subcontractors and their work activity. If the space provided is inadequate, the back of the report may be used.

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LAP Project Considerations

LAP Projects will follow the processes for granting extensions of time per 108.07 Extension of Time on Work Day Contracts